Odd Situation

[Proserpina]

I give up.

OP, please seek local counsel.

Yeah, AJ, we get it. Editing posts is your friend, right?

Right.


You really need to stop doing this. You are NOT helping the OP.

Last edited by army judge; Today at 12:25 AM..

 

[Proserpina]

So you brought up - after editing - statutes completely irrelevant to the OP's post? Nice work.

Look.

You claim to be an attorney and Judge, and I get that. I actually do hold a lot of respect for you because of that despite me not knowing you from Adam and not knowing the vetting process on this forum (or if there is even one in place); I take you at your word.

But you've been wrong so many times when it comes to family law court that I - along with several other board members - become concerned.

It's OK to be wrong. It happens. Military law is not family law. And that's ok! But if you're unsure, or you're assuming things not stated...please, stick with what you know.


And as seems evident, that would NOT be family law.

SPECIFICALLY WHEN IT INVOLVES INTERSTATE CUSTODIAL MATTERS.

 

[PQN2]

AJ - you provided examples dealing with property taxes and driver's licenses (state issues). OP is looking for information on family law relating to child custody, the UCCJEA is the (federal) law of the land. While mom may become a resident of Georgia for state purposes sooner, the child's home state will remain PA for six months. PA cannot order the mother back to PA, but the PA court can order the child returned.

 

[BayState]

PA has no jurisdiction, as no case has been filed.

You're confusing residency with voting and a myriad of other things.

It used to take a period of time to establish residency.

This practice was changed decades ago.

Many hold the misconception that residency requires a length of time and other activities.

It doesn't.

Here are a few examples and illustrations of the law, today!

You might have the establishment of residency confused with residency for attending an institution of higher education.









We disagree.

What exactly do you disagree with AJ? What you have posted has nothing to do with Family Law. The UCCJEA is the prevailing law regarding residency for child custody/jurisdictional issues. So how on EARTH, if you indeed have legal training, could you disagree with FEDERAL LAW?

Could you please explain this for me?

 

[army judge]

What exactly do you disagree with AJ? What you have posted has nothing to do with Family Law. The UCCJEA is the prevailing law regarding residency for child custody/jurisdictional issues. So how on EARTH, if you indeed have legal training, could you disagree with FEDERAL LAW?

Could you please explain this for me?

No.

If you had a law degree, you wouldn't be confused.

 

[irish223]

GEORGIA CODE
Copyright 2009 by The State of Georgia
All rights reserved.

*** Current through the 2009 Regular Session ***

TITLE 19. DOMESTIC RELATIONS
CHAPTER 9. CHILD CUSTODY PROCEEDINGS
ARTICLE 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
PART 1. GENERAL PROVISIONS

O.C.G.A. § 19-9-41 (2009)

§ 19-9-41. Definitions

In this article:
.......
(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

O.C.G.A. § 19-9-61 (2009)

§ 19-9-61. Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient

(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to make an initial child custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

http://www.lexis-nexis.com/hottopics/gacode/Default.asp

Sheesh!

 

[Proserpina]

No.

If you had a law degree, you wouldn't be confused.

Oh?

You claim to have a law degree and in this instance, it's not serving you too well.

I have no idea why you keep doing this.

Please explain?

 

[irish223]

Further, OP never did address the question of whether the AOP was signed. For all we know, the dad is paying child support through CSE.

 

[BayState]

No.

If you had a law degree, you wouldn't be confused.

Nice. Perhaps if you had not obtained your "degree" from a Cracker Jack box, you would understand a little bit about custody jurisdictional issues.

Have a nice day.

 

[jacksgal]

I think the OP got enough info to work on this is mostly bickering now